By Jay L. Levine and Porter Wright on In Part 3 of their Capper Volstead series, Jay Levine and Don Barnes discuss other statutes that exempt agricultural cooperatives from antitrust liability and delve into the historical and present relationship that USDA and DOJ have with the Capper Volstead Act. Read a transcript of the episode here. Find Jay on Twitter and LinkedIn or contact him at jlevine@porterwright.com. Listen wherever you listen to … Continue Reading
By Jay L. Levine and Porter Wright on In Part 2 of their Capper Volstead series, Jay Levine and Don Barnes continue to discuss the need for the Capper Volstead Act and its key elements. Specifically, the team dives in to discuss why the Act was required and preview some of the ongoing issues with its application.… Continue Reading
By Jay L. Levine and Porter Wright on In a belated tribute to Capper Volstead’s 100th anniversary, Jay Levine talks with his legal partner Don Barnes, one of the deans of the agricultural bar and an authority on Capper Volstead. In Part 1 of their discussion, they review the origins of Capper Volstead and how the legal landscape for agricultural producers has changed … Continue Reading
By Jay L. Levine on Picking up where they left off, the FTC has wasted no time in the new year and already proposed to effectively ban all employment non-compete clauses. The proposed rule would make future non-competes unlawful and nullify any existing agreements. In our latest podcast, Jay explains how this proposal fits in with the administration’s attempt to … Continue Reading
By Jay L. Levine on Antitrust enforcement is heating up when it comes to issues affecting the labor market and workers’ ability to sell their services to the highest bidder. Though the movement began in 2016, the Biden administration is claiming that certain agreements between employers that affect workers’ mobility and compensation can be prosecuted criminally.… Continue Reading
By Jay L. Levine on The Antitrust Revolution continues marching on. From the agencies to Congress, the fundamental purpose of the antitrust laws and the way in which they are enforced is being re-written. If you think this doesn’t affect you or your business, you should listen in.… Continue Reading
By Jay L. Levine on In part three of their series, “The Antitrust Revolution,” host Jay Levine and fellow attorney Carrie Garrison explain what New Brandeisians are trying to achieve and why they believe that the antitrust laws need fixing. In particular, they discuss Sen. Amy Klobuchar’s (D-MN) proposed “Competition and Antitrust Law Enforcement Reform Act” and how it fits … Continue Reading
By Jay L. Levine on In this podcast, host Jay Levine and Allen Carter discuss what lessons for antitrust law we can glean from the Supreme Court’s recent decision in NCAA v. Alston.… Continue Reading
By Jay L. Levine and Porter Wright on In part two of their series “The Antitrust Revolution,” host Jay Levine and guest Carrie Garrison discuss the evolution of antitrust in the decades leading up to the present. They explain, in plain words, the prevailing economic theory that governed antitrust enforcement and why those principles are now coming under attack. They also discuss the … Continue Reading
By Jay L. Levine and Porter Wright on An antitrust revolution is definitely underway. But to understand where we may be going, you must first understand where we have been. In this podcast, Jay is joined by attorney Carrie Garrison. They will guide you through the evolution of antitrust law, from its inception to the present, and provide you the tools to better … Continue Reading
By Jay L. Levine and Porter Wright on The sports and antitrust worlds eagerly awaited the U.S. Supreme Court’s decision in NCAA v. Alston, a case challenging to the NCAA’s right to limit compensation paid to student-athletes. On Monday, June 21, the Supreme Court upheld the decisions by the lower courts, which found in favor of student-athletes and forbade the NCAA or the … Continue Reading
By Jay L. Levine on This year has been a year like no other. In this episode, Jay talks to fellow partner Brett Thornton, chair of Porter Wright’s Energy, Biotech and Emerging Business practice group, about how deal work for emerging businesses has been affected by the pandemic, the elections and the possibility of changing antitrust rules. Read a transcription … Continue Reading
By Jay L. Levine on COVID-19 has had an impact on virtually every industry in the country, but none more so than on health care. In this episode, Jay talks with John Carney, chair of Porter Wright’s Health Care Practice and former Ohio state representative, about the changes that COVID-19 has wrought on health care and on some changes the … Continue Reading
By Jay L. Levine on COVID-19 has spurred all sorts of legislation. In this episode, Jay discusses some examples of COVID-19-related legislation with John Carney, Chair of Porter Wright’s Health Care Practice and former three-term Ohio state representative. The discussion includes Ohio’s recently-enacted qualified immunity legislation (HB 606) as well as some thoughts about future laws that may be on … Continue Reading
By Jay L. Levine and Porter Wright on The NCAA’s legal challenges regarding a student athlete’s ability to financially benefit from their name, image and likeness has ramped up. The league was hit with another class action antitrust lawsuit last week. The lawsuit comes on the heels of a decision by the Ninth Circuit affirming a bench trial victory by student-athletes. In that … Continue Reading
By Jay L. Levine and Allen Carter on With any large crisis, litigation follows and that will certainly be the case with the COVID-19 pandemic. In the third and final installment of our podcast series on consumer protection and antitrust concerns during COVID-19, Jay Levine, host and partner at Porter Wright, talks to attorney Allen Carter, about the areas where businesses may be … Continue Reading
By Jay L. Levine and Allen Carter on If you’ve been to the store lately, you know there are a few things that are hard to find and others are increasing in price. But when does stocking up turn into hoarding or demand driving up prices turn into price gouging? In the second of a three-part series on consumer protection and antitrust concerns … Continue Reading
By Jay L. Levine and Allen Carter on During the COVID-19 pandemic, we’ve seen companies collaborating on some great ideas. Companies should keep in mind, however, that the antitrust laws still apply and those who don’t follow them may pay dearly later. In the first of a three-part series about antitrust and consumer protection during COVID-19, host Jay Levine talks to Porter Wright … Continue Reading
By Jay L. Levine on In this episode, Jay and Porter Wright attorney Brett Thornton dive into e-currency, with a focus on cryptocurrency. They start by covering the basics: what it is, the different types and the technology that facilitates the exchanges. Brett explains the rules and regulations for this currency, securities law ramifications to be aware of, and what … Continue Reading
By Jay L. Levine on In this episode, Jay talks to Oded Shenkar, Ford Motor Company Chair in Global Business Management and Ohio State professor, about the challenges and opportunities facing foreign businesses who wish to come to the United States. The duo talks about regulatory matters, strategic factors and how the political climate will affect a company’s decision to … Continue Reading
By Jay L. Levine on What is on the horizon for private equity deals in 2017? What does the market look like for buyers, sellers and foreign investors? Jay talks with Porter Wright M&A attorneys Bob Tannous and Jeremy Siegfried about these issues, exit strategies, Brexit and more in our most recent podcast.… Continue Reading
By Jay L. Levine on Matt Curtin and Jay continue their discussion of data breaches and cyber security focusing on how to construct an incident response plan and why having more data is not always better.… Continue Reading
By Jay L. Levine and Brett Thornton on Jay welcomes colleague Brett Thornton, chair of Porter Wright’s oil and gas practice, as they examine the oil and gas industry in the antitrust arena. Brett explains how consolidation can create competitive pressure and what issues are on the horizon for oil and gas companies.… Continue Reading
By Jay L. Levine on Porter Wright’s Jay Levine and Matt Curtin of Interhack discuss how companies can plan for data breaches and how knowing what you don’t know is important.… Continue Reading